Legal consultations Thursday, 02 December 2010 02:54

Question: An employee’s service was terminated after ten years and his employment contract was with unlimited duration. After one month of ending his service, the employer re-appointed him and with the same allowances paid to him before. This employee is asking if his rejoining is considered an extension of his first service or not. How is end of service gratuity calculated and what are his entitlements?

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Question: A person is asking about the conditions of establishing a company with limited liability.

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Question: A person says his friend was residing in Qatar and a deportation judgment was issued against him for a theft crime. This deportation was done two years ago. Can he enter the state again?

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Question: A resident rented an apartment consisting of one bedroom, Majlis and annexes under a lease contract for one year. After two months of the contract, the landlord demolished a part of the Majlis without notifying the tenant. When the tenant asked the landlord about the reasons of demolition, the latter said that he intends to construct another annex on the roof neighbouring the leased apartment. The tenant rejected that, then the landlord told them to search for another accommodation or to complete the contract duration. The tenant is inquiring about their legal stance under this modification on the apartment, knowing that he wants to stay at the property instead of searching for another apartment.

Answer:

the peninsula

Article Four of Real Estate Leasing Law No. 4 of 228, concerning the obligations and rights of landlord and tenant, states that the landlord is obliged to hand over the leased property and annexes to the tenant for the benefit of the tenant in accordance with the two parties agreement or the nature of the property. The tenant may request to cancel the contract or reduce the rental value according to the deficiency if benefit as per the decision of the Dispute Settlement Committee.
Therefore, if the inquirer decided to stay at the leased property, they may agree with the landlord to reduce the monthly rental value in the light of the deficiency of the apartment area amicably.

Should the landlord reject to reduce the rent, the tenant shall approach the Dispute Settlement Committee to which the property belongs and file a lawsuit against the landlord requesting to reduce the rental value according to the deficiency in the leased apartment’s area.

To prove that, the tenant may make a police report for the incident and request to review the property to prove the demolition and construction works made by the landlord and to attach a copy of this report with the said lawsuit filed against the landlord.
Law No. (4) of 2004, concerning the entry, exit, residence and sponsorship of expatriates, states that the expatriate is obliged to go out of the State if a deportation order has been issued against them. Work permit shall be given to the expatriate who worked in Qatar before only two years after the date of departure.
The Interior Minister or their deputy may overlook this period and the competent authority may exclude some cases on a written letter by the previous sponsor. If the dismissal is due to a final judgment of honour or trust crime in accordance with Article (61) of Labour Law No. 14 of 2004 or as per the provisions of regulations of the State personnel or any other law and the decision is not appealed before the court of jurisdiction, the person may return to work in the State only four years after the date of departure.

Therefore, this person may enter the country only four years after the date of deportation.
Commercial Companies Law No. 5 of 2002 states that the limited liability company shall be established under a contract binding two or more natural persons or body corporate. Each one of them shall contribute in a project for profitability through presenting a share of money or business and sharing the outputs of the project, including profits and losses.
Partners should not be more than fifty and less than two. The company with limited liability shall have a name derived from its purpose or a name of one or more partners. The company name shall be annexed with the “WLL” expression. The limited liability company’s objective shall not include the business of banks, insurance or investment of money for third parties personally or through agency.

The company manager shall apply for registering the company with the commercial register. The application shall be accompanied by the company contract and the documents indicating the distribution of shares among partners and deposit of their total value with any bank accredited by the State in addition to the documents indicating that the company has received the in kind shares, if any.

The company may start any business only after registration with the commercial register. The company capital should be enough for achieving its objectives, at least two hundred thousand riyals distributed on shares of equal value, at least ten riyals of each. Profits and losses shall be distributed on shares on equal basis unless the company contract provides otherwise.
Article 54 of Labour Law No. 14/2004 states that the employer shall pay the end of service gratuity to the employee who spends one year and more. The employee’s service is considered as it is continuous if it is ended by cases other than provided for by Article 61 of the Law and the employee is being appointed within two months of the end of service. Therefore, the inquirer’s service is considered as continuous due to the elapse of one month only.

The end of service gratuity is determined in accordance with the agreement between the employer and employee, provided that is should not be less three weeks of each service year and the basic salary is the basis of calculating the end of service gratuity.

In addition to the end of service gratuity, Article 79 of the said Labour Law states that the employer, who spent one continuous year of service with the employer, shall be entitled to an annual leave on the basis of his basic salary at the due date. The employer shall pay to the employee the latter’s total wage for the notice period, which shall be at least one month if the service is less than five years and two months if the service is five years or more, which applies to this case.

Comments

0 #1 2011-02-08 02:17

Dear Sirs,
I will be turning 7 years in the co. on 25th Feb. 2011 working as a purcurement manager. I got a termination/end of service notice fr. the co. effective 2nd of Feb. 2011.
Questions:
1. am i entitled for end of service pay ? if yes, how many mos? is it 1 or 2 mos?
2. What is the calculation of my gratuity, am I entitled for 30 days or just 21 days gratuity pay?

Your prompt reply is highly appreciated. Thank you in advance for your kind assistance.

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